2009 Supreme Court term

ARTHUR L. LEWIS, JR., ET AL. v. CITY OF CHICAGO, ILLINOIS.

Dockets 08-974Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioners, petitioners allege that Chicago used an unlawful cutoff score in its firefighter hiring exams, which had an adverse impact on qualified Black applicants.

According to Respondent (City), according to Respondent (City), the City of Chicago publicly admitted that the tiered eligibility list had an adverse impact on African‑Americans.

The statute of limitations for a Title VII claim is 300 days after each use of the discriminatory test.

The City made 149 hires from the first use of the list, more than any other class.

Their hiring will be delayed, possibly substantially.

Background and question before the Court

According to Petitioners, the central question presented is whether each use of the cutoff score in each hiring round constitutes a separate violation of Title VII.

Justice Scalia asked whether an independent violation exists without an impact provision, and what other provision might create a violation.

According to Justice Stevens, justice Stevens inquired about the nature of remedies in disparate‑impact litigation, noting they are largely injunctive.

Justice Ginsburg questioned whether a claim filed more than 30 days after the announcement would be treated as lawful.

What each side argues

Petitioners’ Position

According to Petitioners, chicago’s use of an unlawful cutoff score in firefighter hiring violated Title VII and each use constitutes a separate violation.

According to Petitioners, the claim was not premature because the tiered eligibility list itself limited and classified the petitioners.

Respondent’s Position

According to Respondent (City), according to Respondent (City), the City publicly admitted that the tiered eligibility list had an adverse impact on African‑Americans.

What happened at oral argument

Justice Scalia asked whether an independent violation exists without an impact provision and what other provision might create a violation.

According to Justice Stevens, justice Stevens inquired about the nature of remedies in disparate‑impact litigation, noting they are largely injunctive.

Justice Ginsburg questioned whether a claim filed more than 30 days after the announcement would be treated as lawful.

Justice Alito asked why the City planned to give a new test in three years but waited more than a decade, and how that might affect a plaintiff’s incentive to sue.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

The City’s hiring may be delayed substantially as a result of the litigation.

The case involves a large number of hires (149) from the first use of the list, highlighting the broad impact of the alleged discrimination.

According to Respondent (City), according to Respondent (City), the admission that the test had an adverse impact on African‑Americans underscores the civil‑rights significance of the dispute.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 185eaf8f36ed604b4423-r1-bb10bb3787805531.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.